Pennsylvania Act 2003-61 — JUDICIAL CODE (42 PA.C.S.) - MUNICIPAL CORPORATION PORTION OF FINES AND IMMUNITY OF STATE PAROLE OFFICERS AND COUNTY PROBATION OFFICERS

Act text

JUDICIAL CODE (42 PA.C.S.) - MUNICIPAL CORPORATION PORTION OF FINES AND
     IMMUNITY OF STATE PAROLE OFFICERS AND COUNTY PROBATION OFFICERS
                  Act of Dec. 30, 2003, P.L. 432, No. 61              Cl. 42
                             Session of 2003
                               No. 2003-61

     HB 485

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        municipal corporation portion of fines, for immunity of State
        parole officers and for immunity of county probation
        officers.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 3573(c)(1), 8332.7 and 8332.8 of Title
     42 of the Pennsylvania Consolidated Statutes are amended to
     read:
      § 3573.  Municipal corporation portion of fines, etc.
        * * *
        (c)  Summary offenses.--Fines, forfeited recognizances and
     other forfeitures imposed, lost or forfeited under the following
     provisions of law shall, when any such offense is committed in a
     municipal corporation, be payable to such municipal corporation:
            (1)  Under the following provisions of Title 18 (relating
        to crimes and offenses):
                Section 2709(a)(1), (2) and (3) (relating to
            harassment).
                Section 3304 (relating to criminal mischief).
                Section 3503 (relating to criminal trespass).
                Section 3929 (relating to retail theft).
                Section 4105 (relating to bad checks).
                Section 5503 (relating to disorderly conduct).
                Section 5505 (relating to public drunkenness).
                Section 5511 (relating to cruelty to animals).
                Section 6308 (relating to purchase, consumption,
            possession or transportation of intoxicating beverages).
                Section 6501 (relating to scattering rubbish).
            * * *
      § 8332.7.  Immunity of State parole officers.
        (a)  Assistance of law enforcement personnel.--In addition to
     the provisions of section 27 of the act of August 6, 1941
     (P.L.861, No.323), referred to as the Pennsylvania Board of
     Probation and Parole Law, or any other law, any parole officer
     appointed by the Pennsylvania Board of Probation and Parole who,
     after obtaining permission in advance from a person authorized
     by the Pennsylvania Board of Probation and Parole, assists
     Federal, State or local [police] law enforcement officers or
     agents or county probation officers in the lawful performance of
     their duties shall be considered to be acting within the scope
     of his official duty for all purposes of law and shall enjoy any
     benefit or immunity conferred upon an employee of the
     Commonwealth.
        (b)  Assistance of criminal victims.--In addition to any
     other immunity provided by law, any parole officer appointed by
     the Pennsylvania Board of Probation and Parole who is entitled
     to immunity under section 8331.3 (relating to criminal victim
     aid good Samaritan civil immunity) as a result of providing
     assistance to a victim of a crime shall be considered to be
     acting within the scope of his official duty while providing
     assistance to the victim for all purposes of law and shall enjoy
     any benefit or immunity conferred upon an employee of the
     Commonwealth.
      § 8332.8.  Immunity of county probation officers.
        (a)  Assistance of law enforcement personnel.--In addition to
     the provisions of section 1 of the act of August 6, 1963
     (P.L.521, No.277), entitled "An act providing that probation
     officers shall have the power of peace officers in the
     performance of their duties," or any other law, any probation
     officer appointed by any court of record of this Commonwealth
     who, after obtaining permission in advance from a person
     authorized by the appointing court, assists Federal, State or
     local [police] law enforcement officers or agents, State parole
     agents or county probation officers in the lawful performance of
     their duties shall be considered to be acting within the scope
     of his official duty for all purposes of law and shall enjoy any
     benefit or immunity conferred upon an employee of that county.
        (b)  Assistance of criminal victims.--In addition to any
     other immunity provided by law, any probation officer appointed
     by any court of record of this Commonwealth who is entitled to
     immunity under section 8331.3 (relating to criminal victim aid
     good Samaritan civil immunity) as a result of providing
     assistance to a victim of a crime shall be considered to be
     acting within the scope of his official duty while providing
     assistance to the victim for all purposes of law and shall enjoy
     any benefit or immunity conferred upon an employee of that
     county.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 30th day of December, A. D. 2003.

     EDWARD G. RENDELL